General Terms and Conditions
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These "General Terms and Conditions" are a translation of our current german " Allgemeine Geschäftsbedingungen" (AGB) . These "General Terms and Conditions" are only for your information. Ballhause, time for tea e. K. Brandenburger Straße 8 14467 Potsdam, Germany §1 Scope of these terms and conditions Offers, service and delivery by the seller takes place solely on the basis of these terms and conditions. §2 Contract conclusion
§3 Delivery, delayed delivery and acceptance 1. If the ordered items are available, the shipping will occur Monday to Friday within 24 hours after your order respectively the receipt of payment if you used prepayment. 2. Date and time of delivery may arranged, but shall be made in writing (E-Mail, too). Subsequent amendments shall be warrant a new agreement relating to the date or time of delivery. 3. If the delivery date will not be made as agreed, the customer may cancel the purchase after the expiration of two weeks by notice in writing or E-Mail. §4 Risk, shipping and packaging 1. Free shipping and handling for orders above an amount of 30,00 Euro inside Germany. 2. Below an amount of 30,00 Euro we generally will be ship at cost price. (3,00Euro) 3. The payment method cash on delivery adds a cost compensation of 7,00 Euro. This price is made up of requirements of the German Post: 4,00 Euro C.O.D. charge and 3,00 Euro shipping costs due to the event that the Post only handle parcels (6,90 Euro) for cash on delivery. Furthermore the German Post charges currently 2,00 Euro on delivery. 4. International shipping is solely possible within Europe. - Below an amount of 30,00 Euro the shipping costs are 8,60 Euro. - Above an amount of 30,00 Euro the shipping costs are 5,60 Euro. - We supply the following EC countries: Austria, Belgium, Bulgaria, Czech Republic, Denmark (excluding Faroe Islands and Greenland), Estonia, Finland (excluding Aland Islands), France (excluding transoceanic areas and departments), Great Britain (excluding Channel Islands), Greece (excluding Mount Athos), Hungary, Ireland, Italy (excluding Livigno and Campione d'Italia), Latvia, Lithuania, Luxembourg, Malta, Netherlands (excluding areas outside the European Union), Poland, Portugal, Republic of Cyprus (excluding Northern Cyprus), Romania, Slovakia, Slovenia, Spain (excluding Canary Islands, Ceuta and Melilla), Sweden Switzerland is a special case, they are not part of the European Union. Below an amount of 30,00 Euro the shipping costs are 12,90 Euro. Above an amount of 30,00 Euro the shipping costs are 9,90 Euro. These shipping costs are also valid for other countries of Europe, which are not part of the European Union. §5 Payment 1. When buying via the Internet shop the customer may choose the payment method. We accept the following payment methods: Pay Pal, credit card, prepayment, cash on delivery (the customer has to pay the additional cost compensation). 2. For shipping your order, please remit per prepayment to the following account including shipping costs when indicated: Berliner Volksbank bank code: 100 900 00 account number 17 96 96 3006 Iban/Swift Reason for payment: your E-Mail address and date of order, invoice number 3. Point 1 and 2 do not apply if you order via Amazon. 4. Payments shall be only discharge the obligation if these are made to the seller or on an account stated by the seller. Another possible payment option in our Internet shop may be Paypal. A payment to the seller's representative without any special identification shall be occur at customer's own risk. 5. The seller's invoices shall be payed generally without deduction. §6 Customer's warranty claims 1. Customer's claims due to defective goods shall fall under the statute of limitations according to the legal regulation within 2 years of the goods delivery. The statute of limitation for warranty claims of used goods shall be 12 month. The same statute of limitation of 12 month shall apply if the customer is a legal person under public law, a special fund under public law or an entrepreneur who is acting in exercise of commercial or self-employed activities when the contract is concluded. 2. The customer of defective goods shall demand remediation of the defect or shall demand damages (supplementary performance). The seller can refuse the customer's chosen form of supplementary performance when they will cause disproportional costs. Thereby it shall be consider the value of the good free of defects, the relevance of the defect and the question, if there may be another form of supplementary performance without extensive disadvantages for the seller. In this event the warranty claim will be restricted to another form of supplementary performance. Also this supplementary performance can be refuse when it will cause disproportional costs. 3. If the seller delivers goods free of defects in the event of supplementary performance, the customer shall gives out the defective goods. The customer shall accomplish compensation for lost value in case of using the defective goods. 4. If the supplementary performance shall fail, the customer may withdraw from the contract or abate the price of the good. If the customer may decide to withdraw from the contract, he shall give back the defective good and shall accomplish compensation for the lost value in case of using the defective good. The appraise of using the defective good depends on the pro rata temporis service life and the estimated duration of using the good. 5. No warranty claims in case of: a) construction-conditioned defects of custom-made products, which are made according to the request of the customer b) damages or defects, which are based on natural wear or improper use c) deviation in dose, size and shape based on technological usual in a line of business as soon as unrecoverable deviation in colour because of e. g. the materials nature 6. Warranty claims shall be made generally in writing before the return of the goods. You may contact us Monday to Friday, 10 am to 6 pm: phone +49 33 1 27 08 009 fax +49 331 27 08 010 E-Mail info@ballhause-potsdam.de §7 Avoidance instruction – Solely consumers have the following right of revocation when buying via Internet 1. Right of revocation The contract shall be revoked by the customer either in writing (e. g. letter, fax, E-Mail), or, in the event that the item has been transferred before the expiry of this revocation period, by returning the item within 14 days. It is not necessary to give any reasons for this revocation. The revocation period shall begin to run after receipt of these terms and conditions, but in any event no earlier than the goods have been received by the customer. In order to comply with the revocation period it shall be sufficient for the revocation or the item in question to have been posted within this period. The revocation shall be addressed to Ballhause, time for tea e.K., Brandenburger Straße 8 in 14467 Potsdam, Germany. The return of the goods (except tea and food, see point 3) shall be shipped as franked mail and unused in original packaging. We generally do not take receipt of carriage forward parcels. If returns caused due to a mistake of Ballhause, time for tea e. K., the customer shall receives the costs of the return shipment. 2. Avoidance consequences In the event of a valid revocation, any services or products received, and any profit derived therefrom, if any, such as interest, shall be returned. In the event that the customer is unable to return the services or products received in their entirely or at all, or where the customer can only return them in a deteriorated state, then the customer will be liable to pay compensation to the seller accordingly. This does not apply with respect to the goods being handed over in the event that such deterioration is exclusively due to the customer inspecting the goods as he would have been able to do in a retail shop. The customer may avoid an obligation for reimbursement of value, if the customer does not take possession of the item as if the customer is the owner and if the customer refrain from doing anything which might adversely affect the value of the item. Items that can be shipped by parcel are to be returned. (The customer shall pay the costs of the return if the goods do correspond to those ordered and the price of the returning goods do not exceed an amount of 40,- Euro, or if the price is higher, the customer have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for the customer is free of charge.) Goods that can not be shipped by parcel will be picked up. All reimbursement obligations shall be fulfilled within 30 days of declaration of revocation. 3. Reasons of hygiene do exclude the following goods of any return: freshly packed tea and food. The ordered teas are freshly packed in customary packings (generally 100g, 250g and 500g) and therefor excluded of any return. §8 Liability The seller shall not be liable to damages which he or his legal representative or assistant may have caused by an act of slight negligence. This shall be valid regardless of the legal nature of warranty claims in particularly default, other neglect of duty or an unlawful act. The limitation of liability do not apply to damages caused by injury to life, body and health and by breach of contract. §9 Privacy protection 1. We will use the customer's inventory data for the limited purpose of handling the order. Every customer data will be recorded and handled in compliance with the regulations of the federal data protection laws (BDSG) and the teleservice data protection laws (TDDSG). The customer shall have the right of free information, amendment, blocking and deletion of the his recorded data at any time. Please contact us: info@ballhause-potsdam.de or send us a letter or fax. 2. We do not give personal data, the residential address and the E-Mail address to a third party without the specific permission by the customer. The customer may revoke the permission at any time. Thereof shall be except our service partners, they shall be in the need of transmission the customer's data to purchase the order processing (e. g. the shipping mail-order establishment and the payment arranging credit institution). In these cases the amount of the customer's personal data transmission shall be restricted to the necessary minimum. 3. We take safety and security requirements to protect the customer's personal data against casual or deliberate manipulation, from loss or against unauthorized access. 4. The wording of the contract will be retain. The customer may read the general terms and conditions on this site at any time. §10 Miscellaneous // Jurisdiction 1. In the event of invalidity of certain regulation of these terms and conditions, the legal effect of the residual contract conditions will not be disable. 2. If the customer may not be a merchant, the jurisdiction shall be apply to the legal requirements. If the customer is a merchant without a general jurisdiction in Germany, loses the jurisdiction after the contract conclusion, or the registered residence or main residence is unknown at time of bringing the action, the seller's place of business shall be stated for jurisdiction. 3. Goods (excluded food) the customer have bought in our local stores or market stands can be exchange on a goodwill basis by presentation of the receipt and the good in a perfect condition for a voucher or other goods within 14 days. A payout in cash shall not be made.
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